The trial for the murder of Miodrag Kruščić and the wounding of journalist Olivera Lakić was postponed today at the Higher Court in Podgorica to February 19th.
The subject of the indictment is the attack on former "Vijesti" journalist, injured party Olivera Lakić, on May 8, 2018, the aggravated murder of injured party Miodrag Kruščić, on May 21, 2018, and the smuggling of 554 kg of the narcotic drug marijuana from Albania to Montenegro, on January 26, 2021.
The defense requested the disqualification of the trial panel presided over by Judge Radovan Vlaović, as well as the President of the High Court, Judge Zoran Radović, which was the main reason for today's postponement of the main trial hearing.
At the beginning of the main hearing, Judge Vlaović said that lawyer Andrija Marojević, the new ex officio defense attorney for the defendant Mario Milošević, submitted a motion to the court on February 9th, proposing that he be dismissed because he was not cooperating with Milošević in preparing his defense.
Lawyer Ana Mastilović, the new ex officio defense attorney for defendant Goran Rakočević, also filed a motion with the court requesting that today's trial be postponed because she was unable to adequately prepare her defense.
The court rejected the proposal of lawyer Marojević as unfounded, because non-cooperation with the accused Milošević cannot be a reason for his dismissal. The court also rejected the proposal to postpone the trial, after which a discussion began between the court and the defense attorneys. At times, a very heated discussion took place, in which the defendants also joined in.
Lawyer Mastilović was persistent in proving that she did not have time to prepare her defense and stated the facts.
"I couldn't have familiarized myself with all the files for such a serious case in nine days. The court can't even prepare for the trial for nine days until it receives the files. I was provided with 21 minutes from the hearing. We, the defense attorneys, were forced to be ex officio defense attorneys. No one asked us if we wanted to be ex officio defense attorneys," she said.
Attorney Marojević reminded that the indictment has 300 pages and 21 additional appendices, as well as several CDs, which are an integral part of the case file.
"I was unable to prepare myself objectively. The right to a fair trial and the right to defend the accused Milošević have been violated. The court is using coercive measures against me as a defense attorney. I support my colleague's proposal to postpone today's trial," said Marojević.
The court adjourned for about 10 minutes so that the defendant Milošević could have a confidential conversation with his lawyer. After the conversation, lawyer Marojević asked the court to reconsider his motion to dismiss.
"I propose the disqualification of this panel, due to the obvious violation of the right to a fair trial," said Marojevic.
Defendant Milošević stated in his address to the court that his new ex officio defense attorney, attorney Marojević, was not primarily a criminal. He asked the court to assign him a new defense attorney, but not a notary or similar.
Lawyer Miloš Vuksanović joined the motion to disqualify the trial panel. "I also propose disqualifying the President of the High Court due to the manner in which ex officio defense attorneys are appointed. You are acting as if you are our employers and are trying to force us to do something that we are not able to do. The court is forcing lawyers to work. This behavior has all the elements of forced labor. In this way, you are literally putting their heads in a bag, against their will. Because they are supposed to defend people who are in trouble. You are not aware of the danger you are putting them in, because these ex officio defense attorneys will not defend them," warned lawyer Vuksanović.
Lawyer Mastilović joined the proposal to disqualify the President of the High Court.
Milan Vujotić, former policeman Darko Lalović, Filip Knežević, Mario Milošević, Goran Rakočević, Veselin Bubanja, Filip Bešović, Luka Bulatović, Dejan Vukašinović, Branislav Karadžić, Goran Vukčević, Mijajlo Stojanović, Aleksandar Ljumović and Sanja Božović are included in the indictment.
They are also charged with smuggling 554 kilograms of marijuana from Albania to Montenegro on January 26, 2021.
"The Council of the High Court in Podgorica, by decision Kvso no. 39/23, confirmed the indictment, Kt-S no. 265/20, dated June 20 this year, which the Special State Prosecutor's Office filed against 14 accused persons, namely: MV, GR, FB, FK, SB, VB, LB, DV, DL, BK, MM, MS, A.Lj. and GV, for the criminal offenses of creating a criminal organization, grievous bodily harm, grievous murder, murder by incitement, illegal possession of weapons and explosives and unauthorized production, possession and distribution of narcotic drugs. The subject of the indictment is, among other things, the attack on the journalist of 'Vijesti', the injured party Olivera Lakić, dated May 8, 2018, the aggravated murder of the injured party Miodrag Kruščić, dated May 21, 2018, and the smuggling of 554 kg of the narcotic drug marijuana from Albania to Montenegro. Gora, January 26, 2021," it was stated earlier in a statement by special prosecutor and spokesperson for the Special State Prosecutor's Office, Vukas Radonjić.
Rakočević: You won't get my head cheaply
The accused Goran Rakočević warned the trial panel of the judge of the consequences of such conduct.
"We have complete trust in the lawyers Miloš Vuksanović and Marko Radović who are defending me in this case, we have become friends. We would trust them to protect me and my family. I don't need defense attorneys. I will refute this indictment myself," Rakočević said.
The judge then warned the defendant not to speak without the court's permission, but Rakočević continued.
"I will always speak. You will not get my head cheaply. This is a disgrace to the trial. There will be no trial here, we will all go. I will present all the evidence I have in the media, because I obviously can't here. You don't care about the truth," Rakočević said.
The court admonished the defendants, and then removed Mario Milošević, Filip Bešović, Goran Rakočević, and Goran Vukčević from the courtroom.
Lutovac: Justice without content is not justice, it is the illusion of justice
Lawyer Branislav Lutovac told reporters after the postponed main hearing.
"Today's trial shows that the judicial reality in Montenegro devalues any wonder. What I said six months ago is being realized today in practice. So, ex officio lawyers are forced to perform their duty without having contact with their clients. In this way, formally and legally, the court has the right to determine, but in this way we get justice without content. And justice without content is not justice. It is an illusion of justice. In order for justice to have content, the defense attorney must have contact with his client who wants to cooperate with him. In this way, lawyers are forced to do something that is not in accordance with their conscience and with the duty that should be performed, and with dignity for this profession. This is not the way to ensure a fair trial in a pending case," said Lutovac.
When asked by a journalist whether this could go on indefinitely with the defendants' proposals and their constant cancellation of new defense attorneys, Lutovac replied.
"There is also an aspect of this case that obstruction is being attempted in this way, but a measure still needs to be found, because we have seen that the defendants want to hire their own lawyers. And this needs to be done as soon as possible, in order to move forward from the deadlock," said lawyer Lutovac.
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